Defining Life from the Perspective of Death

Kirsten Rabe Smolensky (Associate Professor of Law – University of Arizona College of Law) has recently published the abstract of her article entitled Defining Life from the Perspective of Death: An Introduction to the Forced Symmetry Approach on SSRN.
   

Here is the abstract:
    

Depending on one’s perspective, human life may begin at conception, when a fetus’s heart starts to beat, when electrical activity commences in the fetal brain, at quickening, at viability, at sentience, at birth or with the development of self-consciousness. Life, much like death, is probably best described in many disciplines as a process. The law, however, needs life to be defined as a moment in time. Currently, the law does not provide a consistent definition of life, but it does provide a fairly consistent definition of death. This paper explores various ways to define life, relying in part on the current legal definition of death. In particular, the paper explores the debated symmetry between brain death and brain life and advocates a forced symmetry approach for thinking about the legal definition of life and the abortion debate in a renewed light.